A recent 8-1 ruling determined that property right-of-way easements for railroads expire when the tracks aren’t being used by railroad companies. That could have implications against the rails-to-trail program that is proposed as a Salmonberry trail running from Banks to Tillamook over the Coast Range.

I spent the morning talking with a few property owners whose lands border the railroad tracks that would be converted to trails. Here’s what they had to say:

In Timber

Valarie Stewart said she and her husband, Steve, moved to their home near Timber because they wanted privacy and space. The kids ride their bikes in the yard, and the two family dogs roam the property and guard the family. They can't see their neighbors' homes.

“It’s a different lifestyle,” she said. “It’s not like life in town.”

But railroad tracks bisect her front yard and driveway. The edge is feet away from a basketball hoop. When trains ran once a day, she didn’t mind. But the idea of people using it as a trail worries Stewart.

View full sizeRailroad tracks bisect Valarie and Steve Stewart's driveway in Timber, and they don't want the tracks to become a trail through their yard.Clare Lennon / Forest Grove Leader

She’s concerned about theft, lack of privacy, a stream of people asking to borrow a phone, have some water, take a break in the yard. What if someone accidentally hits a bicyclist pulling into her driveway? Who is liable?

She understands the appeal of a nice, scenic trail, but Stewart thinks organizers should try to move it so the trail doesn’t disrupt so many properties in her area.

Stewart and her husband heard about the Supreme Court ruling recently, and Stewart plans to go to the Washington County Recording office to look at a copy of the easement and related documents. Her husband has been to local meetings with Salmonberry Trail organizers.

They’re open to legal action.

“Legally, if we have a leg to stand on, that’s how we’re gonna have to fight it,” she said.

In Buxton

Josh Merritt, of Buxton, has 20 acres of property almost completely encircled by the tracks. He’s concerned about privacy and vandalism, as are his neighbors. Merritt gathered four other people -- Elmer Schrader, Eric Cubic, Tom Rinck and John Hamel -- into his dining room to air their concerns.

“People don’t respect the property line,” Schrader said. Hamel pointed out that when part of the railroad tracks are bordered by state parks, it’s easy for trail users to assume everything is open to them.

Merritt and his friends feel like legal action is useless. Two of them contacted state representatives and didn’t hear back, and a lawyer told Merritt his best option is to make his voice heard.